Voters will either affirm or reject a compromise proposal reached in 2012, when Governor Andrew Cuomo reversed a campaign promise to veto new district lines drawn by legislators in exchange for the creation of a new, 10-member commission. For 40 years, the majority party in each legislative house—Republicans in the Senate and Democrats in the Assembly—drew lines that good-government groups and observers said were clearly crafted to benefit incumbent re-election.

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The new commission would have party balance, with two members appointed by each legislative conference and an additional two members picked by the eight. Legislators would have to adopt the commission-drawn lines, but could make changes (within certain legal boundaries) if they reject two of the commission's drafts.

Good-government groups are split on the plan. Common Cause, which brought the suit, says the deal is fatally flawed and keeps too much power in legislators' hands. Citizens Union, which filed an amicus brief supporting the state, considers the new commission a positive step forward.

“While the commission may independently create its own plan without legislative interference, the commission does not actually choose the district lines," he wrote. "The use of the word 'independent,' as per its 'common and every-day meaning,' would lead the voter to believe that the commission is free from political influence and that its work is not subject to further approval. Legislative semantics do not change the reality that the commission's plan is little more than a recommendation to the Legislature, which can reject it for unstated reasons and draw its own lines.

"Even the means by which a plan obtains legislative approval changes with the political tides. Therefore, this court finds that the term 'independent' is misleading, because the creation of the commission, its procedures and its ultimate outcomes are all 'subject to control by others.' No adjective preceding the word 'commission' is necessary to indicate the subject matter of proposed amendment in a clear and coherent manner.”

A Board of Elections spokesman did not immediately comment. Common Cause executive director Susan Lerner praised the "common sense" ruling. Citizens Union executive director Dick Dadey issued a statement reiterating the group's support for the proposal.